Can my wife take my house in a divorce?
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Can my wife take my house in a divorce?
I have owned my house for 12 years; the title/loan is only.in my name only. I got married and have been for 3 years now. All the house bills are also in my name. If something happens with this marriage, can she take my house from me or make me sell it? She also makes 3x what I make income wise.
Asked on February 4, 2017 under Family Law, Minnesota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Being that the house was purchased prior to your marriage and is in your name only, it remains your separate property so your husband has no ownership rights ito it. However, he may have a claim for any financial contribution (either money or "sweat equity") if improvements were made to the home during your marriage which increased its value (i.e. such as adding a room, etc.). Additionally, as a general rule, your wife will not be entitled to half of the equity gained. At this point, you may want to directly consult directly with a divorce attorney in your area.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Being that the house was purchased prior to your marriage and is in your name only, it remains your separate property so your husband has no ownership rights ito it. However, he may have a claim for any financial contribution (either money or "sweat equity") if improvements were made to the home during your marriage which increased its value (i.e. such as adding a room, etc.). Additionally, as a general rule, your wife will not be entitled to half of the equity gained. At this point, you may want to directly consult directly with a divorce attorney in your area.
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